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Walter D. Shaw

Walter D. Shaw

Shaw 3 Law Firm
  • Juvenile Law, DUI & DWI, Criminal Law ...
  • California
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Biography

Mr. Shaw stand as the founder of Shaw 3 Law Firm (S3LF), where he serves as the principal attorney overseeing the firm's specialized practice areas. His expertise is particularly focused on Immigration cases, Juvenile Dependency cases involving CPS & DCFS Defense, and DUI/DWI Defense matters. Notably, he specializes in the Inland Empire region, encompassing San Bernardino and Riverside Counties, as well as handling cases in Los Angeles and Orange Counties.

As a Criminal Defense attorney, Mr. Shaw's reputation as a meticulous Trial Lawyer is well-established. His approach is characterized by rigorous attention to detail and a profound understanding of case nuances in both misdemeanor and felony proceedings. With a track record encompassing over HUNDREDS of successfully negotiated and litigated cases, Mr. Shaw remains a steadfast defender of his clients' rights.

As a Child Protection Service (CPS) Defense Lawyer, Mr. Shaw has achieved numerous triumphs in reuniting families amidst challenging circumstances. His adept representation has addressed a spectrum of issues, including allegations of neglect, abuse, and domestic strife, consistently leading to favorable outcomes and the closure of CPS & DCFS cases.

Mr. Shaw's distinguished career is underscored by a wealth of notable achievements, positioning him as a formidable legal advocate. His tenure as an Immigration Attorney at a prestigious Hollywood boutique Talent Agency firm provided invaluable insight into the intersection of immigration law and the entertainment industry. He successfully navigated complex cases ranging from Extraordinary Ability or Achievements (O-1 Visas) to Green Cards, cultivating enduring relationships within the entertainment sector.

Through his diverse legal acumen and unwavering dedication, Mr. Shaw exemplifies excellence in legal practice, making him an invaluable ally in navigating complex legal challenges, thus allowing him to amass an estimate of 1,000 cases under his belt.

Practice Areas
Juvenile Law
DUI & DWI
Criminal Law
Drug Crimes, Gun Crimes, Theft, Violent Crimes
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Immigration Law
Citizenship, Family Visas, Green Cards, Investment Visas, Marriage & Fiancé(e) Visas
Additional Practice Area
  • Juvenile Dependency Law (CPS Defense)
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
California
State Bar of California
ID Number: 330934
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Languages
  • English: Spoken, Written
  • Indonesian: Spoken
Professional Experience
Managing Attorney
Shaw 3 Law Firm
Current
Education
University of California - Riverside
B.A. | Political Science and Law & Society
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University of North Dakota School of Law
J.D. | Law
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Awards
Top 40 Under 40 National Black Lawyers Nominee
Top 100 National Black Lawyers
Top 40 Under 40 National Trial Lawyers in Criminal Defense Award
THE NATIONAL TRIAL LAWYERS
Top 100 National Black Lawyers Award
Top 100 National Black Lawyers
2024 Lawyers of Distinction
Lawyers of Distinction
Lawyers of Distinction 2022
Lawyers of Distinction
Professional Associations
State Bar of California  # 330934
Member
Current
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National College for DUI Defense (NCDD)
Member
Current
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Websites & Blogs
Website
Walter D. Shaw's Website Profile
Website
Shaw 3 Law Firm Website
Website
K-1 Visa Fiance
Legal Answers
2 Questions Answered
Q. I have been charged with a DUI, if I do not wave my right to a speedy trial does that mean the court has to receive my b
A: This is a great question, and understanding California’s right to a speedy trial is key to forming a trial strategy. Here’s a breakdown of the relevant laws.

Speedy Trial Right in California:

Under both the U.S. Constitution (6th Amendment) and the California Constitution (Article I, Section 15), every defendant is guaranteed the right to a speedy trial. This ensures charges are resolved without unnecessary delay, preventing the loss of evidence and fading witness memories. Unreasonable delays can violate this right and lead to motions to dismiss or sanctions under Penal Code 686.

Pre-Accusation vs. Post-Accusation Delays:

Pre-Accusation Delay: Occurs before formal charges are filed, raising due process concerns under the 5th and 14th Amendments and California Constitution (Article I, Section 7). A defendant can challenge this delay if it harmed their case.

Post-Accusation Delay: Happens after charges are filed, governed by the 6th Amendment, California Constitution (Article I, Section 15), and Penal Code 1382. If the trial doesn’t happen within the required time frame, the defendant can file a motion to dismiss.

Speedy Trial Deadlines in California:

Penal Code 1382 sets deadlines based on whether the defendant is in custody and the type of crime:

-30 days for misdemeanor defendants IN CUSTODY (from arraignment/plea to trial). Note: Misdemeanor defendants are cases that also includes most DUIs.

-45 days for misdemeanor defendants NOT IN CUSTODY. Note: Misdemeanor defendants are cases that also includes most DUIs.

-15 days for filing felony charges after a preliminary hearing.

-60 days for trial after felony charges are filed, regardless of custody status.

-90 days for defendants serving time in state or federal prison who demand to be tried on state charges.

These deadlines ensure that criminal cases are resolved promptly, protecting the defendant’s rights.

Waiving Your Speedy Trial Rights in a DUI Case:

For a misdemeanor DUI, not waiving your speedy trial right could benefit you if the District Attorney (DA) lacks critical evidence, such as blood test results. Without this, the DA may struggle to prove the 0.08% BAC requirement for DUI. This could lead to a not guilty verdict.

However, if the DA has the blood test results showing a BAC over the legal limit, not waiving your right could hurt your case, as the evidence will likely be hard to dispute. This could increase the chances of a conviction.

Generally speaking, the DA typically files DUI charges only if they have a chemical test result. If they don’t have this evidence, it may be safer not to waive your speedy trial right. However, if they have the evidence ready, not waiving your right can be risky, as it may be difficult to challenge the results.

Conclusion:

Not waiving your right to a speedy trial can be a smart strategy if the DA lacks key evidence, like a blood test. However, it’s a risky decision, depending on the DA’s case.

Your attorney can help you weigh the risks and rewards based on your specific circumstances. California’s speedy trial laws are designed to protect defendants, but their application depends on the facts of your case.
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Q. 2nd dui penaltys
A: In California, a second DUI conviction is subject to more severe penalties than a first DUI offense, in line with state laws aimed at deterring repeat drunk driving. Under California Vehicle Code (VC) Section 23152, penalties for a second DUI offense are more stringent, with increased fines, longer license suspensions, mandatory installation of an ignition interlock device (IID), and possibly jail time. Below is a detailed explanation of the penalties for a second DUI conviction, referencing relevant California laws:

1. Fines and Fees:

First DUI: Under California law, a first-time DUI conviction under VC 23152(a) typically results in fines ranging from $390 to $1,000, plus additional court fees and penalty assessments, which can significantly increase the total financial obligation.

Second DUI: A second DUI conviction within 10 years of the first offense (per VC 23152(a) and VC 23540) results in fines between $390 and $1,000. However, there are additional assessments and fees, which can cause the total fine to exceed $2,000, depending on local county fees and surcharges.

2. License Suspension:

First DUI: For a first DUI offense, DMV may suspend a California Driver License for a minmum of 3 months but can go as high as 1 year. If the DMV case resulted in a DUI Chemical Test refusal, then license suspension may be a minmum of 1 year. However, the driver can apply for a restricted license after 30 days if they install an ignition interlock device (IID) as part of the California DUI Program.

Second DUI: A second DUI conviction within 10 years typically will trigger a 1-year license suspension. The individual may apply for a restricted license after, but this requires the installation of an IID on any vehicle you drive.

3. Jail Time:

First DUI: While jail time is not mandatory for a first DUI conviction, California Penal Code 23600 allows for up to 6 months in county jail for first-time offenders if the court imposes this sentence.

Second DUI: A second DUI conviction mandates a minimum of 96 hours in county jail, which can extend to 1 year depending on the circumstances of the offense, such as having a high BAC (over 0.15%) or causing injury or damage. If the second DUI occurs within 10 years of the first, the court may also impose additional conditions, including longer incarceration for specific aggravating factors. This is of course dependent on county to county.

4. Probation:

First DUI: For a first DUI offense, California law may typically impose an average of 3 to 4 years of informal probation (Summary Probation). During this time, the offender must comply with conditions set by the court, including attending alcohol education classes and submitting to random alcohol testing, if applicable.

Second DUI: A second DUI conviction results in average of 3 to 4 years of informal probation (Summary Probation) as well, but stricter terms are often applied due to the repeat offense. For example, the court may require regular check-ins with a probation officer, frequent alcohol tests, or mandatory attendance in a longer alcohol education program (18 months instead of 3 months). This will vary dependent on county.

There may also be further requests such as DUI Classes.

Hopefully this helps.
... Read More
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Contact & Map
Shaw 3 Law Firm
Ontario Office
337 N Vineyard Ave
Ste 315
Ontario, CA 91764
US
Telephone: (951) 263-0412
Monday: 10 AM - 5 PM
Tuesday: 10 AM - 5 PM
Wednesday: 10 AM - 5 PM (Today)
Thursday: 10 AM - 5 PM
Friday: 10 AM - 5 PM
Saturday: Closed
Sunday: Closed